Home Ins. Co., New York v. Eisenson County Fire Ins. Co. Of Philadelphia v. Eisenson

HUTCHESON, Chief Judge.

Tried together below, the suits from the judgments in which these appeals come were actions on business interruption 1 policies 2 to recover loss and damage to their business resulting from a fire.

The claims were that as a result of the fire, plaintiffs had lost in profits, and in continuing expenses insured against, the sum of $20,000.

Admitting the fire and that there was some loss, defendants mainly relied on two defenses, numbered fourth and fifth.

The fifth defense, based on the willful misrepresentation, fraud and false swearing provisions of the policies, 3 was…